People v. Mendoza

Garcia died in August 2011 after receiving multiple stab wounds. Mendoza, Martell, and Ramirez were convicted following a joint trial, for second degree murder (Pen. Code 187, 189) with gang enhancements (section 186.22(b)) for killing Garcia. On rehearing, the court of appeal affirmed, rejecting arguments that the trial court erred by: excluding statements of a co-perpetrator; allowing the prosecutor to commit misconduct during the opening statement; admitting unduly prejudicial evidence of gang-related intimidation; failing to properly instruct the jury regarding voluntary intoxication, the required mental state for guilt as an aider and abettor, and the evidence necessary to prove the gang enhancement; allowing the prosecution to commit misconduct during its examination of a prosecution witness; admitting unduly prejudicial out-of-court statements; admitting unduly prejudicial evidence of prior convictions to prove a pattern of criminal gang activity; and allowing the gang expert to show unduly prejudicial slides in the slideshow that accompanied his expert testimony. The court also rejected a claim of ineffective assistance and a claim that Proposition 57, the Public Safety and Rehabilitation Act of 2016, should be applied retroactively to Ramirez because he was 16 years old at the time of the offense and his judgment was not final when voters approved Proposition 57. View "People v. Mendoza" on Justia Law